Thursday, June 16, 2011

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gc_kaavaali

08-12 02:21 PM

That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!

I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).

PD Sep 05.

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uma001

05-07 10:34 AM

There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.

Oh, So the project ended after 4 months. Then you do not need to pay a dime to Company A. In that case, Company B might have already informed company A that project ended and no more billing. If company B has not informed company A, that is Company b's problem. SO you do not worry as long as you havent signed any contract.

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ghost

09-21 04:27 PM

Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.

EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:

EB3 - BS or BS+<5 yrs EB2 - BS+>5 yrs or MS EB1 - PhD

Find out from your employer or from the job ad that you've been hired for. Good Luck!

Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

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sam_hoosier

11-28 02:37 PM

I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007. Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

Just wondering if some one else in the same boat not receiving emails. I have given my hotmail email ID, if that matters ?

Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc

My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.

I went through some of the process but it does not suit me so i backed off.

I was also tested possitive due to vaccination in India. did the skin test and X-ray. I talked to my family Dr.(and couple of my Dr. Freinds.) and they all told me that my body will allways react to this test due to vaccination and if X-ray is fine we do not need any medication. In US all the Dr. has to get the test once a year and those vaccinated in their native country has to get an X-ray to confirm it as the test is allways possitive for them.

I would say Consult another Dr. just to be sure.

Thanks

DS

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dixie

09-01 12:55 PM

May be she got her greencard.... weren't you the one who predicted no one here will get GC and this is all a big scam :D

USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to: A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification; B. Deny the EB immigrant petition, or C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.

The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.

See links below for more data http://ac21portability.com/modules/wflinks/

AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.

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JEESEE

05-11 12:06 PM

My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.

Can some Guru shed some lights on this?

By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.

My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

1. How can he use the PIO card to enter and exit India? a. Does he simply show the PIO card, US passport to enter and exit India? 2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate. a. Do they return the PIO application and its supporting documents before visa could be applied? b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?

For PIO Usually it takes two weeks if you go personally. They will will tell you the date upfront. For PIO They do not take original passport. Hence you can apply for the visa even two days before departure. Just FYI While applying for PIO or Visa both mom and dad needs to sign otherwise they will send it back.

If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy

I do have case number for I-140

I also took printout of online approval status using the case status number.

But what about labor cert?

I have no idea what was filed for me? job description or salary req.???

All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)

why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?

Any one has any idea? Any links? Any official link which states that we do need to have photocopies?

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fromnaija

11-17 03:07 PM

Hey Guys

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

Looking at the above filling date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification. So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

***DISCLAIMER**** (I am not an attorney, please consult an immigration attorney or use advice at your own risk).

I talked to the FAO and they seem to understand my situation. I just want to see if my wife qulifies as 'Qualified Non-Citizen' because she has not used her EAD as of yet and neither I have used my EAD or AP.

Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.

My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.

My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.

Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?

One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.

I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.

Tip (or rant, depending on your disposition) Of the Day (I'm trying to give as much as I take on the board):

As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.

All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.

No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.

I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.

I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)

Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?

Thanks again, --ken

viper673

06-15 09:31 PM

Renew the passport through expedited processing if available, then take an infopass appointment and tell the officer that you had an interview and that he didn't get the stamp because his passport had expired, but now it's renewed.